‘What an employee actually has to do to mitigate damages is pretty easy’: lawyer
A worker who was fired without cause following misconduct was wrongfully dismissed and entitled to damages for eight months’ notice, but not any bonus payable during the notice period, a New Brunswick court has ruled.
The worker, 53, began his employment with coffee shop company Starbucks in 2015 as a store manager in Toronto. During the pandemic, Starbucks considered the store and offered the worker an opportunity to relocate to New Brunswick in early 2021. The worker became manager of a Fredericton Starbucks in March.
In September 2022, the worker oversaw a training program for which staff were provided with t-shirts. A staff member identifying as non-binary requested a specific size of t-shirt and the worker replied, “Is that going to fit the girls?” in reference to the employee’s breasts.
The non-binary employee made a formal complaint to Starbucks, which investigated and determined that the worker had breached the company’s anti-harassment standard. On Nov. 10, Starbucks terminated the worker’s employment without cause, although it stated that he violated the standards of business conduct. The company gave the worker four weeks’ pay in lieu of notice and offered a further 20.5 weeks’ pay that was contingent on him signing a release. The worker declined to sign the release, so he was left with the four weeks’ pay.
The worker launched a wrongful dismissal action...
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